Asked in Criminal Law for Texas

Q: Can I refuse to submit a UA will out on bond? While waiting to see if I am indicted?

I am awaiting to see if I will be indicted for a drug charge, however the judge is ordering bond supervision and drug test however I feel like they are using any bad UA's as evidence to present to the jury that will decide if i will be indicted. When I refused the judge revoked my bond and is charging me with insuffient bond and raised the bond another $5000. Now I have been told that I cannot get a court appointed attorney if I have bonded out of jail! Now I have been forced to NOT check in with the bond supervisor because I don't want to go to jail because I cannot bond out this time! I will be forced to represent myself, forced to stay in jail, and I won't be able to get a lawyer that I feel like will represent me to the fullest! There is so much more to this entire case I cannot go into EVERYTHING HERE, I need legal representation because I have no income, please help!

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2 Lawyer Answers
Anna Summersett
Anna Summersett
Answered
  • Criminal Law Lawyer
  • Fort Worth, TX
  • Licensed in Texas

A: If you fail to comply with reasonable conditions, like provided a clean urinalysis, then your bond can be, and was, held insufficient. If you cannot afford an attorney, one WILL be appointed to you. However, when you make a significant bond, the attorney appointment office may consider that financial ability as an indication you can afford your own representation. You may be reevaluated for financial need anytime during the trial process. It sounds like you are considering not appearing in court due to a possible warrant. You must understand that bail jumping is a felony offense and may get you in deeper waters than you were before. Call a local defense attorney immediately for a free consultation to see if they can help. Good luck!

Brian John Willett
Brian John Willett
Answered
  • Criminal Law Lawyer
  • Arlington, TX
  • Licensed in Texas

A: The short answer is that you can refuse to give a U.A. but you will not like the outcome. The conditions of your bond are set by the court and the court has the authority to include any reasonable conditions. Quite frankly, in my opinion ,conditions of a bond are BS and totally ignore the presumption of innocence. As far as a court appoint attorney, being able to post a bond does not necessarily preclude you from receiving a court appointed attorney but it is a factor for the court to look at to determine if you are eligible. Additionally, court appointed does not mean free. Many courts will require you to pay monthly fees even if you have a court appointed attorney. I've seen the fees be up to $200 a month. depending on how long your case takes to be disposed you may pay the same price you would have for a hired attorney. Most hired attorneys offer payment plans as well.

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